Section 433A

In a recent ruling, the Supreme Court held that a Governor’s power to pardon should have an overriding effect on Section 433A of the Code of Criminal Procedure (CrPC). In a previous mercy petition in January 2021, the Supreme Court had noted that a Governor could not reject the state’s recommendation, and there is no restriction on time prescribed to make a decision.

Questions based on the Indian judiciary and the constitution are important from the perspective of civil services examination.

IAS aspirants can also know about the important Articles in Indian Constitution at the linked article.

Key Points Of Section 433 IP

Overriding Of Section 433A

The Supreme Court has held that the state governor can pass a pardon for prisoners even if they have not yet served the minimum sentence of 14 years in prison. This power to pardon has an overriding effect on Section 433A, which originally mandates that remittance of a prisoner’s sentence can only be made after 14 years in jail.

According to Section 433A of CrPC, whenever a sentence for life imprisonment is imposed on a person, for an offence where the law provides for death as one of the punishments, or where a sentence of death has been charged into imprisonment for life, such person shall not be eligible for release from the jail unless they complete fourteen years of imprisonment. However, Section 433A shall have an overriding effect on this provision.

It should be noted that the provisions of Section 433A do not have any effect on the constitutional power which is conferred on the Governor or the President to grant a pardon under provisions of Article 72 or Article 161 of the Indian Constitution.

Powers Of The State Government

The power to pardon a prisoner under Article 161 of the Constitution is exercised by a State Government and not the Governor himself. However, the head of the state is bound by the advice given to them by the appropriate government.

Commutation Order

According to the decision by the government, the action of commutation and release of a prisoner can be made without the approval of the Governor. However, suppose such release of a prisoner is taking place under the provisions of Article 161 of the Constitution. In that case, the approval of the Governor may be sought as per the Rules of Business and constitutional courtesy.

Further, the State Government is permitted to frame a policy that can grant remissions under Section 432 of the Code of Criminal Procedure or Article 161 of the Constitution. At the same time, the state government also holds power to pass an order for premature release of a prisoner, in the capacity of an Appropriate Government, if such prisoner has already completed more than 14 years of actual imprisonment.

Under Section 432 of CPC, the government holds the power to remit such sentences.

Given below are a few other important links for IAS exam preparation:

Powers Of The Governor To Pardon

The Governor holds pardoning power under Article 161 of the Constitution. The Governor of the State shall have the power to grant a pardon, reprieve, remit, respite, punish, suspend or commute the sentence of a person who is convicted under an offence which is against any law and related to a matter that extends beyond the executive powers of the state.

Difference Between Pardoning Powers Of President And Governor

Both the President and the Governor hold pardoning powers under Article 72 and Article 161 of the Constitution, respectively. However, the scope of the pardoning powers of the President is much wider than the powers of the Governor, which makes them different in two prominent ways.

Court Martial

The present has the power to grant a pardon which extends in those cases where the punishment or the sentence of the prisoner is decided by the Court Martial. However, the Governor does not have any such powers under Article 161 of the Constitution.

Death Sentence

The President has the power to grant a pardon in all cases where a sentence of death has been passed, but the power of the Governor to pardon the sentence of a prisoner does not extend to cases of a death sentence.

Students must understand the various terms such as pardon, reprieve, respite, remission, and commutation. These terms and their meanings can be asked in questions during the entrance exam for UPSC in connection with the provisions which are laid down in Section 433A.

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